A business law blog published by the business lawyers at AttorneyBritt - Gary L. Britt, CPA, J.D. Commentary and information regarding the laws and regulations applicable to individuals, corporations, partnerships, and limited liability companies (LLCs); as they relate to the myriad of business transactions, contracts, and agreements every business owner, shareholder, member, physician, and/or health care provider must consider.

The rules were announced in 2011 by President Obama, reports The
Associated Press. Federal employment regulations had previously exempted
home health care workers from wage and overtime requirements for other types of employees. The new rules were due to take effect January 1, but had been delayed pending the judge's ruling.
What led to the judge's decision in this case?

Changes Require Congressional Action: Ruling
In his ruling, U.S. District Court Judge Richard Leon ruled that the
Labor Department had exceeded its power in doing away with the exemption
for direct care workers included in the Fair Labor Standards Act. These workers, also called "companionship workers," provide care in a patient's home.

"Redefining a 40-year-old exemption out of existence may be
satisfyingly efficient to the Department of Labor," Leon wrote, "but it
strikes at the heart of the balance of power our Founding Fathers
intended to rest in the hands of those who must face the electorate on a
regular basis."

FLSA Exemptions
There are a number of different types of employees who may be exempt from FLSA wage and overtime rules, including airline employees and outside sales staff. Certain other types of employees may be exempt if they meet certain wage and job duty requirements.
These exempt employees generally include salaried employees who make at
least $23,600 a year and work in a professional, executive, or
administrative capacity.

The Labor Department rules overturned Wednesday also sought to change
the requirements for qualifying as an exempt companionship worker.
Under the proposed rules, workers who perform medically related services
for which training is typically a prerequisite would have been
considered non-exempt.
Related Resources:

Originally authored By Daniel Taylor, Esq. on January 16, 2015 11:53 AM and published at http://blogs.findlaw.com/decided/2015/01/home-health-care-workers-wage-rules-overturned-by-federal-judge.html?DCMP=NWL-pro_healthlawpulse

Caution: While federal law minimum wage and overtime rules won't apply to home health care agency workers, state law minimum wage and overtime rules will apply unless the law of your state provides a similar exception for these workers.

For help with your legal needs contact a business, tax, and health care law attorney at the offices of AttorneyBritt.

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